State AG Opinions
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Can a Texas school board post its trustees' personal financial statements on the district website?
The AG concluded a court would likely find it within a school board's discretion to post on the district website the personal financial statements that trustees must file under section 11.0641 of the …
What constitutional concerns did the Idaho Attorney General flag for an initiative that would have lowered Idaho campaign-contribution caps, banned contributions from state contractors, criminalized lobbyist gifts above $50, and imposed a one-year post-employment lobbying ban on former public officials?
AG Wasden's 2016 review concluded the initiative's lower contribution limits ($500 for legislative, $2,000 for statewide) sat in a 'gray zone' of First Amendment law but were probably constitutional, …
Can a governor's office withhold emails from a public records request just because a state legislator or their staff was copied on them?
Not entirely, according to this opinion. The Governor's Office withheld records under two FOIA exemptions: one for materials protected by privilege, which the AG upheld, and one for emails involving G…
Can a Florida school board release records that a vendor claims are trade secrets if the vendor didn't mark them as confidential?
Generally yes. The AG's office advised that material a vendor failed to label or otherwise specify as a trade secret has not been protected per the Sepro rule, so the school board should notify the ve…
Can a Florida county pay its industrial development authority a percentage of the ad valorem tax revenue from new businesses the authority attracted?
No. The AG concluded that Taylor County could not pledge a percentage of ad valorem tax revenue from new businesses to its Development Authority as a performance reward. Sections 125.016 and 159.48 au…
Does a public board violate open-meetings law if its president has a quiet side conversation with counsel or staff during a meeting?
No, according to this opinion. A legislator complained that the State Board of Education's president had a private sidebar with the board's attorney and asked a staff member to confirm advice during a…
Can a special school millage election be held in Arkansas on the same day as the regularly scheduled preferential primary election, and how should the ballot be structured?
Yes, provided the three conditions of § 6-14-102(b) are met (compliance with annual-school-election requirements other than date, the election precedes the annual school election, and the Commissioner…
Can a Tennessee county levy the $10 jail-construction litigation tax on top of both $25 litigation taxes under Tenn. Code Ann. § 67-4-601(b)?
Yes. The AG read the statute's 'notwithstanding any law to the contrary' and 'in addition to' language to authorize counties to stack all three litigation privilege taxes, provided each was adopted by…
Can a Florida city use local infrastructure surtax money to buy emergency generators and electrical upgrades for its municipal complex?
Yes. Emergency generators, uninterruptible power supply units, and the related electrical and site upgrades for a city's municipal complex qualify as 'infrastructure' under section 212.055(2), and Lar…
Does Florida's Sunshine Law apply to the board of a private trust fund administering municipal employees' insurance benefits?
Yes. A private trust fund created by a city and a public-employee union to administer insurance benefits with public dollars is performing a governmental function, so its board is subject to Florida's…
Can a state tax agency refuse a public records request for a company's corporate tax exemption application?
Yes, according to this opinion. A requester sought three companies' applications for exemption from Delaware corporate income tax. The Division of Revenue refused, citing the tax secrecy statute, and …
Can Arkansas voters use an initiated act to bar state colleges from requiring students to live in dorms or buy meal plans?
Not on this proposal. The AG rejected the popular name and ballot title because the draft lacked a constitutional enacting clause, used 'cafeteria plan' ambiguously, and did not define key terms like …
Does a Texas county have to share its optional child-safety vehicle registration fee with cities?
The AG concluded that a county collecting the optional child safety fee on vehicle registrations under section 502.403 of the Transportation Code may keep a slice for administrative costs (up to 10 pe…
Can a city release a former employee's personnel records, including discipline letters, in response to an Arkansas FOIA request?
Yes, with some adjustments. The AG approved most of the City of Little Rock's redactions of Carla Daniels' file but said race and gender should not be redacted, and identified additional content in tw…
If the Connecticut Board of Pardons and Paroles grants a pardon that bars the recipient from possessing firearms, are the criminal records associated with that conviction still erased?
No. The AG concluded that records tied to a conviction for which only a conditional pardon was granted are not subject to erasure under state law. Erasure is statutorily limited to absolute pardons. P…
Could Tennessee require beer-permit applicants to have been U.S. citizens or lawful residents for at least one year before applying?
No. The AG opined that the one-year durational citizenship and residency requirement was unlikely to survive equal protection review, because it discriminated on the basis of alienage and national ori…
Did Maine's 2016 ranked-choice voting initiative violate the state constitution by replacing the 'plurality of votes' rule with multiple rounds of counting?
AG Mills concluded that LD 1557 raised serious state constitutional concerns for the offices of Governor, State Senator, and State Representative. The Maine Constitution provides that those offices ar…
Can I file a new FOIA petition asking the Attorney General to reconsider a decision already issued in an earlier case?
Mostly no, according to this opinion. The ACLU of Delaware sent a follow-up letter about State Police's production of cell-site simulator records under a prior AG determination. The AG found that lett…
After the NFPA withdrew its 2013 Code 1124 for fireworks safety, did Arizona still need to adopt that withdrawn version under § 36-1609, and is the resulting state rule still valid?
Yes, the rule was required and remains valid. The 2013 amendment to A.R.S. § 36-1609(A) directed the State Fire Marshal to adopt NFPA 1124 (2013 edition). Under Arizona's incorporation-by-reference do…
Under the Arkansas FOIA, what rules govern releasing a public employee's personnel file, discipline records, and work emails?
The AG laid out the framework but did not review specific documents. Personnel records get the Young v. Rice privacy balancing test. Employee evaluations stay confidential unless the employee was susp…
Can Arkansas voters approve a dry-county local option to permit on-premise alcohol sales at hotels, restaurants, microbreweries, and festivals?
Not on this proposal. The AG rejected the popular name and ballot title for the second time because the underlying draft was internally inconsistent on rulemaking authority, used an undefined 'wet' te…
Was it constitutional for Tennessee to allow distilleries to sell liquor on Sundays and holidays while requiring retail liquor stores to close?
The AG concluded that the disparate hours did not violate the Commerce Clause because they applied only to in-state businesses, and did not violate equal protection because distilleries and liquor sto…
Could the Colorado General Assembly restructure the Hospital Provider Fee as a TABOR-exempt enterprise without voter approval?
Yes. The AG concluded an HPF enterprise would meet the three-part 'government-owned business' test from Colorado case law: no power to tax, services exchanged for involuntary fees, and financial separ…
Can a county commission void a 2004 restrictive covenant in its own deed that limits a 911 cell tower to emergency-only use, so the public can also get cell coverage from it?
Probably not. The AG concluded the plain language of the covenant restricting the Charles Knob parcel to '911 system' uses was enforceable on its face, no public-policy or trade-restraint exception cl…
Was Tennessee AG Opinion 16-07 ever issued, or was it withdrawn?
Withdrawn. The Tennessee Attorney General's office posted a placeholder under Opinion No. 16-07 carrying only the notice 'This opinion has been withdrawn.' No substantive analysis was ever released to…
Can a proposed Arkansas constitutional amendment legalize recreational marijuana, medical marijuana, and industrial hemp in a single ballot measure?
Not on this draft. The AG rejected the Arkansas Cannabis Amendment because its findings did not match its operative provisions, its licensing scheme was framed as optional, and key terms like 'state m…
When a public hospital is no longer run by a benevolent association, what happens to surplus property-tax proceeds collected for its support?
The AG could not answer definitively because the question turns on facts about when the tax was collected and who was operating the hospital then. The hospital tax follows the operation: a benevolent …
Can a Virginia HOA deactivate a delinquent owner's gate barcode if it makes the back gate unusable?
An HOA may not deactivate a delinquent member's gate barcode in any way that either endangers the health, safety, or property of an owner, tenant, or occupant, or denies an owner direct access to the …
Can the Virginia Outdoors Foundation use Open-Space Lands Preservation Trust Fund grants to pay for baseline documentation reports and land surveys?
Yes. The AG concluded that costs of baseline documentation reports were 'costs associated with the conveyance' of an easement and so were eligible for Fund grants. The cost of a new land survey was al…
When a Virginia clerk tries to serve a confessed judgment on a debtor who lives out of state, what counts as good service, and what doesn't?
AG Herring concluded that for a confessed judgment under § 8.01-438, posting is sufficient if it's allowed in the debtor's home state, 'Not Found' returns never count, and mailing by registered or cer…
Can a city release a letter in a former police officer's personnel file in response to an Arkansas FOIA request despite his privacy objection?
Yes. The AG agreed with the City of Cave Springs that the disputed letter was a personnel record and that disclosing it would not be a clearly unwarranted invasion of personal privacy, even though the…
Can Arkansas voters approve a constitutional amendment legalizing medical marijuana through a state-licensed dispensary system?
Yes. The AG certified the popular name 'The Arkansas Medical Marijuana Amendment of 2016' as submitted and substituted her own polished ballot title. The version voters considered in November 2016 was…
Can the Arkansas Department of Information Systems force school districts to break vendor contracts, and will the AG opine on whether those contracts are valid?
No on both. The AG cannot interpret specific school-district contracts because her statutory advisory role is limited to constitutional and statutory questions. And the federal FCC, not DIS, runs the …
When may a Florida public body hold a closed 'shade meeting' with its attorney under the Sunshine Law's litigation exception?
Only when the agency is currently a party in a pending court or administrative case. The shade-meeting exception under section 286.011(8) does not cover investigations, grand jury subpoenas, mediation…
Who has to bring a fugitive back to Texas from another state, and who pays for it?
The AG concluded that a Texas arrest warrant reaches only within Texas, so it does not by itself require any officer to travel out of state. Interstate extradition is controlled by the U.S. Constituti…
Is university-owned student housing exempt from Texas property taxes when a private company builds and runs it?
The AG concluded that property is exempt under Tax Code section 11.11 when a public entity holds legal or equitable title and the property is used for public purposes, and that an owner with a present…
What counts as 'site improvements' a Texas economic development corporation can pay for?
The AG concluded that 'site improvements' in section 501.103(1) of the Local Government Code should be read to mean an improvement or permanent enhancement that relates to developing the ground on whi…
When can a Texas truancy court send a child to juvenile probation, and can the child be charged with delinquency?
The AG concluded that under chapter 65 of the Family Code, a truancy court may refer a child to the juvenile probation department for either disobeying a truancy order or direct contempt, but only aft…
Can the Arkansas Department of Correction pay an out-of-state facility for housing a backup inmate using the County Jail Reimbursement Fund?
No. The County Jail Reimbursement Fund can only pay Arkansas counties for inmates the sheriff certifies were physically housed in that county's jail. There is no statutory mechanism for ADC to pay an …
Do contracts for the Wyoming Capitol building reconstruction project need approval from the Governor and State Treasurer under article 3, section 31 of the Wyoming Constitution?
No. The AG concluded article 3, section 31 covered only narrow procurement categories (stationery, fuel, printing, legislative furniture, and routine repair of legislative halls and rooms), and did no…
Can Arkansas voters approve a local-option election in dry counties allowing on-premise alcohol sales at hotels, restaurants, microbreweries, and festivals?
Not on this draft. The AG rejected the popular name and ballot title for a dry-county on-premise alcohol initiated act, finding the underlying proposal had multiple ambiguities that no substituted bal…
Can a Tennessee district attorney represent a petitioner seeking an order of protection, and can a public defender represent the person it is sought against?
No to both. A Tennessee district attorney general has no authority to represent a private petitioner in a civil order-of-protection proceeding; the DA represents the State and the public interest, and…
Who in Tennessee should hold the hotel liquor license when a hotel owner has hired a management company to run the food and beverage operation: the hotel owner or the management company?
Either party can hold the license. When a hotel owner franchises out the food and beverage operation to a management company, the management company may hold the liquor license required under Tenn. Co…
Does an Arkansas multi-county planning and development district get state tort immunity when it temporarily takes title to property for an EPA cleanup grant?
Likely yes for state-law tort claims. The AG concluded the Southwest Arkansas Planning and Development District would likely qualify as a 'political subdivision' under Ark. Code Ann. 21-9-301, with th…
Can State Capitol Police arrest someone for carrying an unloaded firearm on the Capitol grounds outside the Capitol Building?
No, in the AG's view. Ark. Code Ann. 5-73-122(a)(1) bars only a 'loaded firearm or other deadly weapon' on Capitol grounds, and the criminal-statute strict-construction rule plus the void-for-vaguenes…
Can the Tennessee General Assembly pass a private act that prevents any of Bradley County's hotel-occupancy tax from being shared with cities inside the county?
Yes. The Tennessee Constitution requires that county-levied taxes authorized by the General Assembly be used for county purposes, but nothing requires the county to share that revenue with municipalit…
Can a Tennessee driver be sent to jail for a misdemeanor traffic violation under § 55-8-197 that causes serious bodily injury or death, or is the punishment limited to fines?
Fines only. Punishment for a Class A or Class B misdemeanor under Tenn. Code Ann. § 55-8-197 was limited to the fines specifically provided in subsection (c) ($250 for serious bodily injury; $500 for …
Can one Texas water district contract away its budget and operating powers to another district?
The AG explained that a governmental entity, including a water district, cannot delegate its legislatively entrusted authority to another entity unless the Legislature has authorized it, and cannot ba…
Can a Texas hospital district board create a vice-chair position its enabling law doesn't mention?
The AG concluded that a court would likely find the vice-chair position on the Maverick County Hospital District board valid. Although chapter 1118 of the Special District Local Laws Code requires onl…
Can a proposed Arkansas constitutional amendment legalize recreational and medical marijuana along with state-regulated cultivation, retail, and testing facilities?
Not on this draft. The AG rejected the Arkansas Cannabis Amendment because the definitions and operative provisions did not match: marijuana licenses were defined as individual-only but Section 9 cont…
How many votes does a Texas general-law city need to remove a city officer, and what is an emergency-meeting quorum?
The AG concluded that section 22.077 of the Local Government Code gives a Type A general-law city two separate ways to remove a municipal officer. For incompetency, corruption, misconduct, or malfeasa…
If a Texas county employee who receives longevity pay is elected to a county office, does that longevity pay continue?
The AG concluded that a commissioners court order granting longevity pay to qualified county employees does not carry over once that person is elected to a county office, because an elected official i…
Can a Washington noncharter code city change its city-council election system from at-large general elections to district-based general elections to avoid violating the federal Voting Rights Act?
Yes, but only on a strong evidentiary record. State law (RCW 35A.12.180) requires general elections at large in noncharter code cities, but the AG concluded a city may deviate when it has a strong bas…
Can Fayetteville consolidate its old firefighter pension fund into the state LOPFI retirement system without committing an illegal exaction?
Yes. The AG concluded the consolidation is not an unconstitutional lending of credit or an illegal exaction because the obligation to retired firefighters is ultimately the city's obligation, not the …
Can a blind vendor licensed to operate vending machines on Oregon public property subcontract the actual servicing to a commercial vendor?
Only if the licensed blind vendor controls, directs, and supervises the subcontractor's daily work. The AG concluded that 'operate' under ORS 346.520(1) requires the blind vendor to either personally …
Can a Texas county require indigent health care applicants to be U.S. citizens or qualified aliens?
The AG concluded that the Texas Indigent Health Care and Treatment Act bases eligibility on county residence plus income and resource standards, and makes no distinction based on citizenship or aliena…
What can a Texas state agency do if a court ruling forces it to spend more than the Legislature budgeted?
The AG addressed only the budgeting procedure, not the underlying marriage question that prompted the request. The AG concluded that when a state agency faces a shortage of appropriated funds because …
When a Connecticut child with developmental disabilities needs a residential placement to make educational progress, does the local school district have to pay for it, or is the Department of Developmental Services responsible because it already provides services to the child?
The local school district pays. The AG concluded that under Connecticut's special education statutes and IDEA, when a planning and placement team, hearing officer, or court finds that residential plac…
Will Florida's Attorney General opine on whether a city ordinance restricting where public schools can be sited is a comprehensive plan amendment?
No. The Attorney General only issues legal opinions to government officials about their official duties, not to private parties. The AG also declined to comment on a city's ordinance absent a request …
Does Arkansas concealed-carry law restrict open carry, and have Arkansas State Police rules overstepped the statutes?
The AG declined to answer. The same questions were on appeal in a Pulaski County case (Tanner v. Department of Arkansas State Police), and the AG's longstanding policy is not to opine on issues pendin…
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